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(영문) 서울중앙지방법원 2018.12.07 2017가단5123341

대여금

Text

1. Defendant B’s KRW 125,00,000 as well as 5% per annum from August 23, 2017 to December 7, 2018.

Reasons

1. The Defendants are married and wife, and the Plaintiff is an employee of Defendant B in the past.

On April 30, 2008, Defendant B obtained a loan of KRW 150 million from G Bank (hereinafter “instant loan”) as security (the maximum bond amount of KRW 195 million) for the second floor F of Seocho-gu Seoul E Apartment (hereinafter “instant apartment”) owned by Defendant B, the Plaintiff mother, from the G Bank (hereinafter “instant apartment”). From that time, on May 12, 2011, Defendant B sold the instant apartment at the auction procedure at the request of other creditors, and paid the lender each month until the loan of this case is repaid with the proceeds from the sale.

According to the defendant's assertion, the amount equivalent to the interest paid by the defendant shall be 58 million won.

On August 19, 2011, the Plaintiff and Defendant B drafted a letter stating “I swear that I will pay KRW 150 million by September 19, 2011,” respectively.

On November 5, 2015, the Defendant drafted a promissory note of KRW 150 million at the face value as of November 20, 2015, with the purport that the Plaintiff shall pay KRW 150 million to the Plaintiff by November 20, 2015.

The term "each of the above notes and promissory notes" is collectively named as "each of the notes, etc. in this case".

B. As between February 17, 2015 and February 14, 2017, the Defendant couple wired 100,000 won, 200,000 won, 30,000 won, and 5 million won to the account, including the Plaintiff, to the account, including the Plaintiff. The Plaintiff transferred 25 million won in total to the Plaintiff’s H et al. before and after November 2016, which was written into cerebr blood transfusion.

2. The assertion and judgment

A. According to the above facts of determination as to the cause of claim 1 in relation to Defendant B, the Defendant rendered this judgment from August 23, 2017, which is the following day after the copy of the instant complaint was served on the Defendant, as sought by the Plaintiff, after deducting 25 million won from the Plaintiff among the 150 million won, the Plaintiff was paid as part of the principal among the 150 million won, and the remainder of 125 million won from the amount calculated by deducting 25 million won as the Plaintiff was paid as part of the principal.